The Supreme Court on Friday agreed to hear a plea filed by sitting judge of the Patna High Court, Justice Rudra Prakash Mishra, seeking opening of a General Provident Fund (GPF) account and release of his salary [Justice Rudra Prakash Mishra v. Union of India and Others].A three-judge bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra issued notice to the Union of India and the State of Bihar.The Court also sought response from the Registrar General of the Patna High Court.Advocate Prem Prakash, who appeared for Justice Mishra, pressed for interim relief.
However, the Court did not pass any interim order but said that it will hear the matter and has posted it for consideration on January 29.
"Issue notice. Liberty to serve the Central Agency dasti, in addition. Tag with Writ Petition (C) No 232 of 2023. List the Petition with connected matter(s) on 29 January 2024," the Court noted in its order.In his case, Justice Mishra has argued that since his elevation in November 2023 from the higher judicial services to the High Court, he is yet to be allotted a GPF account despite having completed all the required documentation.It was stated that the deprivation of the GPF benefits has resulted in the petitioner not receiving his salary since his elevation, and that has led to immense mental and financial instability.In his plea, Justice Mishra sought a declaration from the top court that he is entitled to GPF account in terms of Section 20 of the High Court Judges (Salaries and Conditions of service) Act, 1954, which provides:
"Every Judge shall be entitled to subscribe to the General Provident Fund (Central Services): Provided that a Judge who has held any other pensionable civil post under the Union or a State shall continue to subscribe to the Provident Fund to which he was subscribing before his appointment as a Judge."
TAGS: Supreme Court plea Patna High Court Judge Justice Rudra Prakash Mishra General Provident Fund
